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Legal AgreementsEmployment Contracts

Recruiter Agreement

This Recruiter Agreement template is for use when engaging a third-party recruiter or recruitment agency to source candidates for employment. It outlines the terms and conditions of the recruitment services, including fees, responsibilities, and confidentiality.

Updated 15d ago
recruiter agreementrecruitment agencyservice agreementindependent contractorHRSouthern Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Recruiter Agreement

This Recruiter Agreement (the 'Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}} (the 'Effective Date'), by and between:

{{company_name}}, a company duly incorporated and operating under the laws of [South Africa/Namibia/Botswana/etc.], with its principal place of business at {{company_address}} (hereinafter referred to as the 'Company');

AND

{{recruiter_company_name}}, a company duly incorporated and operating under the laws of [South Africa/Namibia/Botswana/etc.], with its principal place of business at {{recruiter_address}} (hereinafter referred to as the 'Recruiter').

1. Services

The Company hereby engages the Recruiter to provide recruitment services, including but not limited to, sourcing, screening, and presenting suitable candidates for specified positions within the Company (hereinafter referred to as the 'Services'). The specific positions to be filled and their requirements will be communicated by the Company to the Recruiter from time to time.

The Recruiter agrees to perform the Services with due diligence, professionalism, and in accordance with all applicable laws and regulations.

2. Fees and Payment

In consideration for the Services provided by the Recruiter, the Company shall pay the Recruiter a fee as agreed for each successful placement. A 'successful placement' shall be defined as a candidate introduced by the Recruiter who is subsequently employed by the Company and commences employment.

The fee for each successful placement shall be {{fee_percentage}}% of the placed candidate's annual gross salary or {{fixed_fee_amount}} (whichever is applicable, or as otherwise agreed in writing for specific roles).

Payment shall be due within {{payment_days}} days of the candidate's start date with the Company, upon presentation of a valid invoice by the Recruiter.

In the event that a placed candidate’s employment is terminated by the Company or the candidate within {{guarantee_period_days}} days of their start date, the Recruiter shall either replace the candidate at no additional cost or refund {{refund_percentage}}% of the fee paid for that placement, as mutually agreed upon by both parties.

3. Responsibilities of the Company

The Company shall provide the Recruiter with detailed job descriptions, candidate requirements, and any other relevant information necessary for the Recruiter to effectively perform the Services.

The Company agrees to provide timely feedback to the Recruiter on candidates presented and to conduct interviews promptly.

The Company shall notify the Recruiter immediately upon offering employment to any candidate introduced by the Recruiter.

4. Responsibilities of the Recruiter

The Recruiter shall use its best endeavors to identify and present suitable candidates who meet the Company’s specified requirements.

The Recruiter shall conduct initial screening and verification of candidates' qualifications, experience, and references as agreed.

The Recruiter shall not present candidates to the Company without their express consent.

5. Confidentiality

Both parties agree to treat all information shared between them, including but not limited to, candidate information, company proprietary information, and terms of this Agreement, as strictly confidential.

Neither party shall disclose any confidential information to any third party without the prior written consent of the other party, except as required by law.

6. Independent Contractor Relationship

The Recruiter is an independent contractor and not an employee, partner, or agent of the Company. This Agreement does not create any employment relationship between the parties.

The Recruiter shall be solely responsible for its own taxes, insurance, and all other obligations as an independent business entity.

7. Term and Termination

This Agreement shall commence on the Effective Date and shall continue until terminated by either party with {{notice_period_days}} days' written notice.

Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice thereof.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of [South Africa/Namibia/Botswana/etc.].

Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [South Africa/Namibia/Botswana/etc.].

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether written or oral.

Signature Block

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

FOR THE COMPANY:

_____________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

Date: {{company_signature_date}}

FOR THE RECRUITER:

_____________________________

Name: {{recruiter_signatory_name}}

Title: {{recruiter_signatory_title}}

Date: {{recruiter_signature_date}}

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